Rent reviews are bound by the provisions of the First Schedule of the Māori Reserved Land Amendment Act 1997 (the Act).
 
Upon receipt of the notice of the new rent at the review date, as the lessee you have a right to object to the rental stated in the notice.  Any objection must be sent to the Incorporation formally either in writing, fax or via email. 
 
The formal procedure to follow should you dispute the rental is detailed in the First Schedule of the Act.
 
On a “Without Prejudice” basis the Incorporation recommends that you either provide your own formal rental assessment as at the review date or engage the services of registered Valuer for further discussion on the dispute. 
 
It is recommended that the parties respective Values (acting as experts) enter into discussions in an endeavour to resolve the dispute.
 
The Lessee has the option to proceed directly to Mediation if they wish.  If Mediation is proposed the mediation protocol adopted by the Arbitrators’ and Mediators’ Institute of New Zealand is a useful guide. 
 
If Mediation is not successful then Arbitration is the last recourse.  Arbitration is bound by the Arbitration Act 1996.
 
The Lessee has an obligation to pay the rent as specified in our notice, under the Act on demand as per the terms of the lease.  Once an agreement on the rental has been reached between the parties any adjustment to the rent will be made.  Any overpayment will refunded to the Lessee. 
 
Any objection to the rent review does not create a right for the lessee not to pay the rental at any amount less than that stated in the rent notice. 
 
Please note that failure to pay the rent as per the rent notice incurs penalty interest.  This interest rate is set by the Judicature Act 1908. 
 
It should be noted that if no formal objection the rent has been received within three (3) months from the date of the notice the rent is deemed to have been accepted.
 
If you are unsure of your obligations you may wish to seek separate independent professional advice.

Please contact mike@wakatu.org for further information.